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United States District Court for the Southern District of Florida, Miami Division
November 15, 2007, Decided; November 15, 2007, Entered
Case No. 07-10017-Civ-KING/GARBER
[*1285] ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS
THIS MATTER came before the Court on Defendants All Keys, Inc., Ralph Sanchez, Daniel Sanchez, and Jason Barroso's Motion to Dismiss First Amended Complaint and Incorporated Memorandum of Law [D.E. # 32] and Defendant, Santa Maria Resort, Inc.'s Motion to Dismiss Amended Complaint and Incorporated Memorandum of Law [D.E. # 34] (collectively, the "Motions"). The Court heard [*1286] argument of counsel on the Motions on July 24, 2007. The Court then addressed Plaintiffs' Motion to [sic] Clarification of Ruling on Motions to Dismiss [D.E. # 44], through an Order Granting [**2] Plaintiff's Motion for Clarification and Final Order of Dismissal With Prejudice [D.E. # 56].
The Court has carefully reviewed the record, including (i) the First Amended Complaint [D.E. # 28], (ii) the Motions, (iii) the "Memorandum of Law in Opposition to Defendants All Keys Inc., Ralph Sanchez, Daniel Sanchez and Jason Barroso's Motion to Dismiss (Docket No. 32)" [D.E. # 40] and "Memorandum of Law in Opposition to Defendant Santa Maria's Motion to Dismiss (Docket No. 34)" [D.E. # 41] filed by plaintiffs Silvio Garcia, John Deviddio, Jr., Glennon Pataky, Dan Schoneck, Joanna Schoneck, Robert Montanari, and John Dunleavey, (iv) Defendants All Keys, Inc., Ralph Sanchez, Daniel Sanchez and Jason Barroso's Reply in Support of their Motion to Dismiss First Amended Complaint [D.E. # 42], and (v) the briefing on Plaintiffs' Motion for Clarification. Being fully advised in the premises, the Court hereby rules on the Motions.
I. PROCEDURAL BACKGROUND
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
528 F. Supp. 2d 1283 *; 2007 U.S. Dist. LEXIS 86193 **; Fed. Sec. L. Rep. (CCH) P94,541
SILVIO GARCIA, JOHN DEVIDDIO, JR., GLENNON PATAKY, DAN SCHONECK, JOANNA SCHONECK, ROBERT MONTANARI, and JOHN DUNLEAVY, Plaintiffs, v. SANTA MARIA RESORT, INC., ALL KEYS, INC., d/b/a CENTURY 21-ALL KEYS, RALPH SANCHEZ, DANIEL SANCHEZ, and JASON BARROSO, Defendants.
Contracts, Plaintiffs', condominium, Purchaser, representations, dismissal with prejudice, misrepresentation, federal securities, motion to dismiss, asserting, Developer, investment contract, matter of law, inquiry notice, Resort, counts, fails, constructive trust, alleged violation, false advertising, securities fraud, particularity, documents, deposits, scienter, rental, alleged misrepresentation, opposing inferences, oral statement, allegations